Terms and Conditions

Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by DASH Mobility Private limited company established in India , having its registered office at 12/21 Shakti Nagar near Nangia Park Delhi-110007. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and DASH. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. DASH may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. DASH may amend the Terms related to the Services from time to time. Amendments will be effective upon DASH’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in DASH’s Privacy Policy located at https://www.DASH.cab. DASH may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict

DEFINITIONS AND INTERPRETATION

Unless the context requires otherwise, capitalised terms in these Customer Terms have the following meaning: 
Account” means the account created by You on the Application.
Additional Fee” means any toll, duty, taxes, levies or similar fees or charges that are not included in the Fare but are payable by the Customer to the Driver in respect of the costs incurred by the Driver payable to any third party (including government agencies and regulatory authorities) under any Applicable Laws in connection with the transport services provided by the Driver directly to You.
Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to an agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
Application” means the “DASH” software application and programmes provided by DASH to You subject to these Customer Terms.
Booking Services” shall mean such services provided by DASH which allows You to directly contract for Rides with Driver on the Application
Business Day” means any day excluding a Saturday, Sunday or public holiday in the jurisdiction where You receive transport services from a Driver.
Cancellation Fee” means the amount payable by You as a result of You cancelling a Ride in accordance with, notified to you on the Application, or as updated here from time to Time.
Driver” means the individual driver (that provides taxis, private hire vehicles, rideshare vehicles and the like) who has entered into a valid application license agreement with DASH and operates the Vehicle.
Fare” means the amount specified on the Application payable for the specific Ride provided to You by a Driver.
DASH” has the meaning given in the “Parties” section on the front page of these Customer Terms.
Privacy Policy” means the privacy policy available on the Application or on https://DASH.cab, as amended by DASH from time to time.
Registration Data” means Your name, email address, telephone number and other information (including personal data) and any other eligibility data communicated from time to time, that You provide to DASH for registering on the Application and for availing of the Services and/or Booking Services.
Ride” means the travel in the Vehicle by the Customer. The Ride is provided by the Driver who is in the independent business of providing transport services and uses the driver interface of the Application to contract for transport of passengers such as You.
Services” means the technology services DASH provides, which facilitate the booking of Rides and other products and services accessed through the Application or via an offline mode including SMS, in the jurisdiction where you receive the transport services from a Driver.
Total Ride Fee” means the Fare, the Cancellation Fee and/or any Additional Fee (including tolls payable to third parties and/or the Cancellation Fee (as applicable)) specified on the Application.
Vehicle” means a motor vehicle operated by the Driver, for the carriage of passengers.
You / Your” means you, the user of the Application, the Services and the Booking Services.

The Services

The Services constitute a marketing & technology platform that enables users of DASH’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with DASH or certain of DASH’s affiliates (“Third Party Providers”). Unless otherwise agreed by DASH in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT DASH DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DASH OR ANY OF ITS AFFILIATES.

LICENSE

Subject to your compliance with these Terms, DASH grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by DASH and DASH’s licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by DASH; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.

PROVISION OF THE SERVICES

You acknowledge that portions of the Services may be made available under DASH’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “DASH,” You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of DASH’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.

THIRD PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third party services and content (including advertising) that DASH does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. DASH does not endorse such third party services and content and in no event shall DASH be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. OWNERSHIP. The Services and all rights therein are and shall remain DASH’s property or the property of DASH’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner DASH’s company names, logos, product and service names, trademarks or services marks or those of DASH’s licensors.

Your Use of the Services USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to DASH certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or DASH’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DASH in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from DASH at any time by sending an email to admin@DASH.cab indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES

DASH may, in DASH’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that DASH establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by DASH; (iii) may be disabled by DASH at any time for any reason without liability to DASH; (iv) may only be used pursuant to the specific terms that DASH establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. DASH reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that DASH determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT

DASH may, in DASH’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to DASH through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to DASH, you grant DASH a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and DASH’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant DASH the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor DASH’s use of the User Content as permitted herein will infringe, misappropriate or third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the of any applicable law or regulation. You agree to not provide User Content that is defamatory, libels, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DASH in its sole discretion, whether or not such material may be protected by law. DASH may, but shall not be obligated to, review, monitor, or remove User Content, at DASH’s sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DASH does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

 

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, DASH will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. DASH reserves the right to charge you an additional amount for pickup facility provided at various places along with applicable taxes (including but not limited to GST). Charges paid by you are final and non-refundable, unless otherwise determined by DASH. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. DASH will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by DASH using the preferred payment method designated in your Account, after which DASH will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DASH may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and DASH, DASH reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DASH’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DASH will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DASH may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers, subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, DASH does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by DASH (on DASH’s website, in the Application, or in DASH’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that DASH provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

REPAIR OR CLEANING FEES

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by DASH in DASH’s reasonable discretion, DASH reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by DASH to the applicable Third Party Provider and are non-refundable.

Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DASH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
DASH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DASH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DASH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DASH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDE SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DASH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION . DASH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DASH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY

You agree to indemnify and hold DASH and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or of any of these Terms; (iii) DASH’s use of your User Content; or (iv) of the rights of any third party, including Third Party Providers.

 

 

Governing Law; Arbitration.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Other Provisions

CLAIMS OF COPYRIGHT INFRINGEMENT.

Claims of copyright infringement should be sent to DASH’s designated agent. Please visit DASH’s web page at https://www.DASH.cab for the designated address and additional information. NOTICE. DASH may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to DASH by written communication to DASH’s address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without DASH’s prior written approval. You give your approval to DASH for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of DASH’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, DASH or any Third Party Provider as a result of the contract between you and DASH or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

DASH GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES

The following guidelines are intended to inform law enforcement about the legal process for seeking records from DASH. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third Party Data Requests.

 


WHAT IS DASH AND WHAT RECORDS DO WE HAVE?

DASH is a technology company that has developed an app that connects users (riders) with driver partners who provide transportation to the user. DASH is not a transportation carrier, and does not employ any drivers. Users can use the DASH App to request transportation via their smartphone, the web, or via SMS. DASH users can choose from a variety of drivers available in his or her location. At the end of the ride, both the driver partner and user receive a copy of the fare receipt. More information about our services is available here. We store and maintain information as described in our Privacy Statements and our Terms of Use.

 


WHAT TYPE OF LEGAL PROCESS DOES DASH REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?

We disclose business records only in accordance with our terms of service and applicable law. A valid court order (via mutual legal assistance treaty, mutual legal assistance agreement, or letter rogatory) may be required to compel disclosure of certain records. We accept requests via email to admin@DASH.cab Our acceptance of legal process does not waive any legal objections DASH may have and may raise in response to the request.

WHAT FORM OF REQUESTS DOES DASH REQUIRE, AND HOW ARE REQUESTS PROCESSED?

To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.

HOW DOES DASH HANDLE EMERGENCY REQUESTS?

We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver partner, or third party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through Adimin@DASH.cab that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis. Law enforcement can submit an emergency request by emailing Admin@DASH.cab. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.

DOES DASH NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?

Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardise an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.

DOES DASH PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?

We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email admin@DASH.cab. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third Party Data Requests.

BOOKING SERVICES

The Application allows You to send a request to seek a booking for a Ride. Once You have made a request for a Ride:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is active), and the Application is active;
(ii) The Application will send Your Booking Services request to DASH; and
(iii) DASH will accept or decline Your Booking Services request in line with its statutory and contractual obligations at its registered address and/or operating centres, based on the availability of Drivers at Your location at the pickup time.
(iv) Your request for a Ride is subject to acceptance by a Driver. Once a Driver has accepted
Your request, DASH will inform You via an SMS, push notification or confirmation screen in the Application. If no Driver is available to accept Your request, DASH will notify you in the same manner.
The Booking Services provided through the Application shall include:
(i) Accepting bookings requested by You subject to the terms herein;
(ii) Identifying Drivers to provide transport services;
(iii) Keeping records of the bookings;
(iv) Remotely monitoring trips booked using the Application;
(v) Receiving and dealing with feedback, questions and complaints relating to bookings accepted by DASH;
(vi) Providing customer support for grievances; in each case in accordance with any relevant provisions of Applicable Laws. Pursuant to, and for the purposes of Applicable Laws, DASH accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
While DASH endeavours to connect You with a Driver, your request for a Ride is subject to the availability of a Driver around Your location at the time of Your request (and DASH may accept or reject Your request for a Booking Service request in its sole and absolute discretion).
Once Your request for a Ride has been accepted DASH will provide:
(i) You with a booking confirmation through the Application, and information regarding the Driver (including the Driver’s name, Vehicle details (including registration number and model), contact number, a picture of the Driver and any other details DASH considers appropriate); and
(ii) the Driver with Your details, such as name and drop location, necessary to enable the Driver to provide the Ride.
While DASH requests each Driver to use all reasonable efforts to ensure their Vehicle arrives prior to Your requested pick-up time, you must book Your Ride after considering any adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching Your pick-up location, you should contact the Driver assigned for Your Ride through the Application or by contacting DASH via in-App support or at its call centre, if available.
Except as expressly stated in these Customer Terms, the obligations of DASH are limited to
(a) licensing the Application to You; (b) managing and operating the Application and Services in the manner reasonably determined by DASH; (c) operating an online booking platform to enable the Driver to directly contract with You for providing transport services; and (d) payment collection in respect of the Rides between Driver and You; and the obligations of DASH are limited to: (a) managing and operating the booking functionality within the Application; and (b) providing Booking Services to You. Accordingly, DASH is merely an intermediary facilitating the provision of online marketplace services through the Application, a platform where a Driver may offer a Ride to you along with the acceptance of Booking requests.
DASH manages and operates the Application and the booking functionality to enable DASH to provide the Booking Services. DASH is also the entity which licensed the Application to You, when you downloaded it.
Neither DASH nor DASH provide any transport services. Transport services are provided to You directly by a Driver, under a contract between you and the Driver for the provision of a specific Ride by the Driver to You. Neither DASH is a party to, nor have any obligations or liabilities, arising out of or in relation to, such a contract between you and the Driver.
DASH may, in its sole discretion, create promo codes for credits and benefits (“Promo Codes”) in relation to the Services or any third party benefits or services subject to any additional terms set out by DASH from time to time. You agree that the Promo Codes (i) shall be used for the intended and lawful purpose and as permitted by DASH; (ii) may expire prior to use or be disabled at DASH discretion. DASH reserves the right to withhold benefits and credits in case it believes that the use of the Promo Code was fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code.